Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Pastor Mark George, Community United Methodist Church, Casselberry, gave the Invocation.

County Manager, Kevin Grace, led the Pledge of Allegiance.

Ron Hess, VFW Post Commander, addressed the Board to present the James C. Gates Award on behalf of the VFW State President to George W. Tingle, Assistant Veterans Service Officer.

Chairman Henley commended Mr. Tingle and expressed he was proud of the work he has done.

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Chairman Henley read the letter regarding listing of the Seminole County Home in the National Register of Historic Places

from Janet S. Matthews, State Historic Preservation Officer. He presented the official Certificate to Judge Stenstrom, Linda Batman, and Loraine Whiting. Members of the Historical Society in the audience stood in recognition.

Mr. Stenstrom accepted the Certificate in the name of those who had the vision to begin the Historical Museum and all who contributed in any way through the years. He also thanked the Commission and Susie Holdstrom for getting the Museum off the ground.

Linda Batman spoke on behalf of the Historical Commission who worked a long time to achieve this beautiful home. She said they are all ecstatic today that this is finally happening.

Commissioner Morris said it was just two or three years ago that this building was going to be torn down as a structure not worthy to be used. He said it is a tribute to the Historical Commission to save it.

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Mr. McMillan left the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt appropriate Resolution #99-R-l47, as shown on page __________, in recognition of Florida’s State Park System award, "State Parks Gold Medal"; proclaiming the entire month of November 1999 in celebration of "Florida’s State Parks … Voted as America’s Best"; and designating November 20, 1999, as "Free Day" when park entrance fees will be waived for all visitors.

Commissioners 1, 2, 3, 4, and 5 voted AYE.

Mr. McMillan returned to the meeting at this time.

Commissioner McLain left the meeting at this time.

Mr. Suber stated he has not begun to process eligibility and will not do so unitl an ordinance authorizing the additional exemption is passed. The language requires that he receive a copy of the authorizing ordinance no later than December 1, 1999.

Commissioner McLain returned to the meeting at this time.

Mr. Suber reviewed his memorandum to Chairman Henley dated October 26 and the memorandum from Mary Kay Cariseo, Executive Director of FACo.

Mr. Suber advised Chairman Henley that the impact of the tax loss is for Year 2000-2001. He advised Commissioner Maloy that this statute has no impact on the School Board. He stated he would work with the legislation to try to change some of the technical problems they see in the bill. He said the Board has control of the impact the exemption will make on its revenue as they can give an exemption of up to $25,000.

Mr. Suber stated the cities have not yet indicated anything to him.

Commissioner Morris asked if it would be appropriate to have further analysis by staff and bring back a draft ordinance in December. Chairman Henley said if the Board wants to pursue this, then it is appropriate to have staff figure the potential impact.

Mr. Suber stated he thinks the amendment to the Constitution was fine, but the enacting legislation is where you run into problems. His guess is that the Board is looking at a worst-case scenario and a number of the 5,292 citizens indicated will not be eligible for the exemption.

Chairman Henley suggested asking staff to study and come back with input regarding the impact. Perhaps at the next meeting, put this on the agenda and after getting that input, they can decide if they want to instruct the County Attorney to draft the ordinance in December and take the steps necessary.

Mr. Suber indicated December 31 would be fine as the deadline date to receive the ordinance from the BCC. However, Commissioner McLain recommended instructing staff to schedule a public hearing. He said he doesn’t want to take chances with the time moving forward after December 31 and being challenged. He asked if the statute says the deadline is December 1, would there be some problems with delaying.

Commissioner Maloy suggested when staff comes back, one of the scenarios to look at is to offer a $5,000 or $10,000 exemption.

Commissioner Morris stated that before the Board say they are going to go ahead and pass something, they really should have a cursory review from staff to tell them what this means. He believes they have time for that. Whereupon, Mr. Suber said the statute says the Board must have the Ordinance to him by December 1, 1999.

Commissioner Van Der Weide discussed with Mr. McMillan if they would have to advertise a public meeting for the proposed ordinance and if there was enough time for that.

Mr. Grace suggested holding this issue until the County Manager’s Report this afternoon and he will try to give the Board some idea of what the impact will be. Whereupon, Chairman Henley stated Mr. Grace will report to the Board under the County Manager’s Report this afternoon.

Commissioner McLain advised Mr. McMillan that he wants it clarified whether the Board can, at a later date, amend the ordinance to increase or decrease the exemption amount.

Mr. Suber offered his assistance to the staff.

Chairman Henley stated there have been some developments regarding the evening agenda and he thought he should get direction from the Board in case there is any change in the agenda this evening. He said Attorney Ken Wright has indicated he would like his item continued. Also, staff said there was a problem with the advertising.

Mr. Grace stated there are three items on the agenda for tonight. The Board indicated for the first hearing that they would like to continue it until after a work session with the Sheriff. He said it might be appropriate to continue it to November 23, 1999. The request for the second item for Wal-Mart is to continue it until after January, 2000. Mr. Grace stated there has been discussion regarding the SR 46 Overlay item on whether the Board wishes to hold the public hearing tonight or continue it to November 23 as well.

Commissioner Morris stated regarding the SR 46 Overlay item that there is nothing pending and it would be logical and appropriate to move that hearing also to November 23. He recommended having the County Attorney come tonight to make that announcement.

Motion by Commissioner Morris to continue to November 23, 1999, the request to rezone by the Brossier Company (Item #1) and the Zoning Classification Ordinance for the SR 46 Gateway Corridor Overlay Standards (Item #3), and to continue the Ken Wright (Wal-Mart) item to the first meeting in January, 2000.

Chairman Henley surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.

Under discussion, Vice Chairman Maloy stated it is his understanding that the Brossier Company is willing to continue their hearing until the work session with the Sheriff. He doesn’t know if communication has been received to that effect.

John Dwyer, Current Planning Manager, addressed the Board to state the Brossier Company would have a problem if the hearing is continued beyond the first of the year.

Commissioner Morris reminded the Board that it is the Board that controls the process and not the applicant. He said there is nothing political about this, but is a straight request, and it is a modest extension.

Commissioner Maloy stated the problem with continuing the S4 46 Overlay Standards is they have advertised it and had quite an attendance at the last hearing, and he assumes people will want to come out again.

Commissioner Henley stated the reason for bringing this up was in view of the discussion he had with Mr. Grace to not require staff to come for just one item tonight, and to allow staff the opportunity to call the people today and let them know the item is being continued.

Commissioner Morris stated his response for moving the SR 46 item was the fact the people earlier were concerned about the developing trends in the area and not necessarily the overlay. He doesn’t see that there will be a large attendance for the overlay, but for the Wal-Mart item which is being moved again to January. He said he is wondering why that issue is being moved to January.

Mr. Dwyer advised Vice Chairman Maloy that he does think staff could notify everyone about continuing the item so they would not attend tonight. Whereupon, Commissioner Maloy said then he would not have a problem with the continuance.

Upon inquiry by Vice Chairman Maloy, Mr. McMillan stated he did not see any substantial legal risk with continuing the Brossier item as it is the first time for a continuance on the Board’s part.

Commissioner McLain stated he would not support the motion as he would rather come tonight and deal with these issues. He reviewed what historically happens when there is a request for a continuance.

Commissioner Van Der Weide agreed with Commissioner McLain and said he doesn’t think it is good if the public comes and the Board is not in attendance.

Commissioner Henley asked didn’t the Board adopt a process for this type of situation. Whereupon, Mr. McMillan advised the Board of the resolution that was adopted.

Districts 2 and 4 voted AYE.

Commissioners Maloy, McLain, and Van Der Weide voted NAY; whereupon, the motion failed for the lack of a majority vote.

Mr. Dwyer said staff is asking the Board to continue Item #2, Wal-Mart, until January 11, 2000, as part of it was improperly advertised and the applicant has requested a continuance (copy of letter received and filed) until the first meeting in January. Mr. Grace added that staff needs some indication of the Board’s intent regarding the Brossier item, because the applicant will have to be in attendance if the Board does not continue the item.

Commissioner McLain stated in the past when any applicant has requested a continuance, the Board has granted that, and he thinks they would honor this request.

Vice Chairman Maloy recommended continuing Item #1, Brossier Company, until the second meeting in November, November 23, 1999.

Commissioner Van Der Weide suggested staff coordinate the meeting date with the County Manager.

The consensus of the Board was to continue Item #1, Brossier Company, and hold the public hearing tonight for the SR 46 Gateway Corridor Overlay Standards.

Vice Chairman Maloy returned the gavel to Commissioner Henley to resume the duties of Chairman.

Chairman Henley recessed the meeting at 10:32 a.m. and reconvened at 10:41 a.m.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve and authorize the following:

Mr. McMillan stated for the first time, his office received a card last week from a property owner expressing thanks to Keith Roark, Property Acquisition Coordinator, and staff for doing a great job on a road project.

Chairman Henley advised of the two add-on items (copy received and filed) under the County Manager’s Report: Item #26, Approval of BCR #00/03 for $75,000 and Item #27, Approval of BCR #0/04, $2,000.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve and authorize the following:

Community Services

Community Assistance

Districts 1, 2, 3, 4 and 5 voted AYE.

Ms. Croteau reviewed from a slide presentation the information as given in the staff report. She reviewed the following three construction options: Construction Management Agency Approach, Design/Build, and Construction Manager at Risk. She advised the staff recommendation is to use the Construction Manager at Risk, and suggest the use of a Project Manager, and creation of a temporary position to serve as the owner’s representative to oversee the design and construction. Ms. Croteau stated the costs associated with the project are $29.2 million for the Criminal Justice Center; $9.6 million for renovation; $800,000 for site development; and $3.9 million for design fees for a total of $43.6 million.

Ms. Hall discussed the funding solution. She stated staff is recommending using $3.9 million cash for the design fees. Commissioner McLain requested a copy of the funding information.

Ms. Hall reviewed the slide information showing the funding plan for the Years 1999/00; 2000/01; and 2001/02.

Commissioner Morris inquired about the revenue sharing funds.

Ms. Hall explained the $38.1 million bond issue to pay for the remaining Courthouse construction and renovation is secured through the sales tax revenue for Years 2001/02, 2003, 2004, and 2005. She also discussed problems with a shortfall of revenue. She explained she had estimated 6½% for ad valorem and tapered that down to 5%. She reviewed the financial program for the General Fund for Years 2001 and 2002 and said the expenditures are higher than revenues. Ms. Hall pointed out she used reasonably conservative revenue estimates.

Commissioner Van Der Weide stated on one hand he is hearing from staff they will be at buildout at Year 2010 and yet this is a 30 year bond issue and they will have to live with it way past Year 2010. He said he has a feeling the funds may have to be supplemented.

Commissioner McLain stated he has always supported having the Criminal Justice Center at Five Points and both the Clerk and the Judges objected, and now they are going to share the center at Five Points. He said the Sheriff has brought to his attention the need to expand the jail and the Board is talking about spending $43 million for this new facility and that doesn’t include everything. His point is they’re doing this backwards and talking about building something they can’t afford. His attitude is they need to first establish how they are going to pay for this building and whether they are willing to commit funds for it and move forward. He thinks it’s foolhardy to spend $2 million not knowing if they can afford it. If they spend this money and then do the RFP and it’s turned down, that’s just money down the drain. He asked that the Board come up with a conservative plan and cut these numbers back.

Commissioner Morris responded that he had very deep concerns relative to a shortfall. Those have been answered for him because of the estimates used. He said it is a very modest shortfall. If the revenues don’t come in, they just won’t grow the expenses at the 5% annual rate. He said he has also toured the Sarasota and Brevard facilities and Seminole County should not model the Brevard facility. He thinks they are on the proper course. He stated he feels the County should have capital facilities before they provide services. He said the Board would cut expenses well before ever increasing the taxes, so that is not something that concerns him at all.

Commissioner Van Der Weide said he thinks the presentation the Board had today makes sense and the public expects them to move on in a most conservative plan. He does not see them raising taxes and he thinks they need to move forward.

Chairman Henley stated he is very comfortable with the presentation and has had extensive discussions with staff. The $43 million is a figure and they are not necessarily committing to $43 million. He said there are still a lot of decisions that can impact the cost of this facility. He also doesn’t think they will raise taxes, and he thinks it is very important that they move forward.

Commissioner McLain stated the Judges have a consensus that the facility could be smaller. He said he could not support moving forward and planning for a facility of this size and magnitude when they have to decide how they will expand the jail. Commissioner Morris responded that the Board said its #1 priority is to take care of the Courthouse.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to proceed with the RFP for design services for the new Criminal Justice Center and approve the Construction Manager at Risk position.

Under discussion, Commissioner McLain stated the Board seems to be intent on moving forward with the $43.9 million judicial facility when the Judges are saying to him they can live with less than this.

Chief Judge Silvernail addressed the Board to comment on the size of the facility. He stated he has consistently said they had a lot of returns for the dollars when they built the Viera facility. He explained what offices are in the facility. He said he will do everything he can, if he is asked to sit on some kind of committee; they will work hard to bring the dollar figure below $43 million if they can.

Commissioner McLain discussed with Judge Silvernail their conversation that the Judge felt the Viera facility would be adequate.

Motion by Commissioner Maloy to call the question for a vote.

Chairman Henley called for a second to the motion three times without response, whereupon, the motion died for the lack of a second.

Upon inquiry by Commissioner McLain, Judge Silvernail said if they foot print the Viera facility, they would need an additional 40,000 to 50,000 square feet to house the other functions. Commissioner McLain said he thought they could build a facility like the one for the Juvenile Justice Center of 120,000 to 130,000 square feet and it would work and the Judge would be happy with it. Judge Silvernail said yes.

Commissioner Morris stated he thinks the Viera model is one he hopes the Commission does not double as it lacks aesthetics and space. It is not the model needed here. He said the Board is approving today a plan and a cap on the planning. It goes from any direction they choose to take during the process. More discussion continued.

Commissioner Morris clarified his motion is to authorize staff to proceed with a RFP for design services and a RFP for construction services for the Criminal Justice Center and approval of the Construction Manager at Risk.

Districts 1, 2, 3, and 4 voted AYE.

Commissioner McLain voted NAY.

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Commissioner Morris discussed the temporary position to serve as the owner’s representative to oversee the design and construction phases. Chairman Henley stated he disagrees about when this person would come on board.

Commissioner Morris asked what the costs are for this position and would it be a contract for two or three years. Whereupon, Ms. Coto said she will bring that information back.

Ms. Hall summarized staff is recommending to pay cash for the design services of $3.9 million and when the time period is appropriate, do a $38.1 million bond issue for construction or whatever the estimated price will be.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the staff’s recommendation for the funding concept.

Under discussion, Commissioner Maloy said he would still like to explore voter approval of the one-cent sales tax.

Commissioner Van Der Weide stated when staff brings back the information on the temporary owner’s representative position, he would appreciate if staff can bring back any cost savings and the amount of time if this position is delayed three or six months.

Commissioner Morris said this motion is a commitment that the Board has a funding formula in place if they choose to use it.

Commissioner McLain stated he would be more supportive of Commissioner Maloy’s position. They should do a referendum on this at the next election.

Commissioner Morris stated that is an item for future consideration, and this motion allows for that. Chairman Henley agreed.

Districts 2, 3, and 4 voted AYE.

Commissioners Maloy and McLain voted NAY.

Commissioner McLain left the meeting at this time.

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Ms. Croteau presented the request for authorization to proceed with negotiations to acquire the Shenandoah Village property from Central Florida HANDS, and the Board’s direction on the method of purchase.

Ms. Croteau reviewed the two puchase options. She stated there is no other available property in the area, and staff is asking for authorization to enter into negotiations for Option II with HANDS.

Commissioner McLain discussed the assessed value of the property.

Commissioner Van Der Weide returned to the meeting at this time.

Commissioner McLain said staff is going $1.2 million over the purchase price, and it is estimated around $200,000 to demolish these homes. He said it will take $2.1 million to acquire the land (10.6 acres assessed at $696,000) and they must acquire water and sewer infrastructure.

Commissioner Morris stated this is a great business concern. The Board has three expansion needs and this is a very good deal to the taxpayers. He said he is impressed with the partnership with HANDS.

Motion by Commissioner Morris to authorize staff to proceed with the negotiations with Central Florida HANDS using Option II.

Chairman Henley called for a second to the motion three times without response; whereupon, he passed the gavel for the purpose of seconding the motion.

Under discussion, Commissioner McLain said his contention is that they evaluate all the options and all sites and not just those on Highway 17-92. He wants to make sure all the options are being considered rather than spend this much money to acquire property.

Commissioner Morris stated there is no available land at Seminole Community College. He said if the Board makes the decision to delay, they are risking letting HANDS come in and spend money to renovate and that will increase the cost to buy the land later.

Commissioner Van Der Weide stated originally during the budget process, he voted against this item, not that he was against buying the property, but he thinks it is a visionary move.

Districts 2, 3, and 4 voted AYE.

Commissioners Maloy and McLain voted NAY.

Chairman Henley recommended continuing the County Manager’s Briefing item to the afternoon meeting. The Board had no objections.

Matt West, Principal Planner, addressed the Board to present plat waiver request for Eagle Vista to split an existing parcel into two single family lots; property located on the east side of Tuscawilla Road, south of Old Bear Run; HB Associates on behalf of James B. Bryan, III.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve plat waiver for Eagle Vista to split an existing parcel into two single family lots; property located on the east side of Tuscawilla Road, south of Old Bear Run; HB Associates on behalf of James B. Bryan, III.

Districts 1, 2, 3, 4, and 5 voted AYE.

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Senior Planner, John Omana, addressed the Board to present request for approval of Preliminary Subdivision Plan and sidewalk waiver for The Preserve at Interlachen; property located east of Little Road and Dover Road, Consul-Tech Engineering, Inc.

Mr. Omana stated staff is recommending approval of the Preliminary Subdivision Plan and waiver to the Land Development Code in order to provide a sidewalk on only one side of the proposed road.

District Commissioner Henley stated he is comfortable with the staff recommendation.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the Preliminary Subdivision Plan for The Preserve at Interlachen located east of Little Road and Dover Road; and waiver to Section 10.8 of the Seminole County Land Development Code requiring four-foot wide concrete sidewalks on both sides of all streets.

Districts 1, 2, 3, 4, and 5 voted AYE.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve and authorize the following:

The Board noted, for information only, the following Clerk’s "received and filed":

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve and authorize the following:

The Board, thereupon, recessed at 12:15 p.m., reconvening at 1:30 p.m., this same date with all Commissioners (with the exception of Commissioner Morris who was late) and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann, who was present at the Opening Session.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.

Districts 1, 3, 4 and 5 voted AYE.

Proof of publication, as shown on page _________, calling for a public hearing to consider an Appeal against the Board of Adjustment in upholding the Current Planning Manager's interpretation relative to the granting of a variance for lots created in violation of the subdivision and zoning regulations for property located on the south side of Tangerine Street, at the south end of Virginia Avenue, J.T. & Julie Stockton, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to advise the appellants are desiring to apply to the Board of Adjustment (BOA) for a lot size and width at the building line variance for a proposed lot located within property zoned R-1AA. The minimum Land Development Code requirement for property with the R-1AA zoning classification is 11,700 square feet in size and 90 feet in width at the building line. The appellants propose to create a new lot by splitting 41.48 feet from an adjoining developed lot and combining it with vacated right-of-way 30 feet in width. The combined vacated right-of-way and split property would be 8,975 square feet in size and have a width at the building line of 71.48 feet. He further advised that upon review, he determined that the proposed lot would be substandard and violate the subdivision and zoning regulations and would not be entitled to a building permit. He stated the Code does not empower the Board of Adjustment to grant variances in such situations, therefore, he returned the application and application fee to Mr. Stockton.

Mr. Dwyer continued that Mr. Stockton filed a notice to appeal the Current Planning Manager's decision to the Board of Adjustment. On August 26, 1999, the BOA issued a written order denying the appeal and adopting in full his interpretation. He added that staff recommends the BCC deny the appeal and uphold the BOA's decision.

Mr. Dwyer clarified that this is not an appeal to grant a variance, but an appeal of his decision to not process the application.

J.T. Stockton, appellant, addressed the Board to distribute photographs and an information packet (received & filed) regarding his request. He stated on page 2 of the packet is a list of residents, including adjacent property owners, who do not object to the variance. He said he once owned the adjacent house and lot (300 Tangerine Street) and the new owners have no objection to the variance. He said included in the packet is a map of the area showing other substandard lots.

County Attorney, Robert McMillan, advised a split that creates a substandard lot is not proper under the Subdivision Regulations. He said the question before the Board is whether or not Mr. Dwyer's interpretation is correct. He added that he has not heard anything at this hearing disputing what the Code says.

Upon inquiry by Commissioner Maloy, Mr. McMillan advised there are legal ways to build a house on this property. One of them is rezoning the property.

Commissioner Van Der Weide stated he does not believe the Board can legally accommodate Mr. Stockton, but he would like for staff to redirect them so that they can pursue this another way and refund the fees they paid, minus the advertising costs.

No one else spoke in support or in opposition.

The Chairman surrendered the gavel to the Vice Chairman for the purpose of offering a recommendation and motion.

District Commissioner Henley stated he understands the predicament the Stocktons are in and feels other avenues should be explored.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to deny the appeal, thereby, upholding the Board of Adjustment's decision in upholding the Current Planning Manager's interpretation relative to the granting of a variance for lots created in violation of the subdivision and zoning regulations for property located on the south side of Tangerine Street, at the south end of Virginia Avenue, as described in the proof of publication, J.T. and Julie Stockton; and to approve Denial Development Order, as shown on page _________.

Districts 1, 3, 4 and 5 voted AYE.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize refund of any fees (minus advertising costs) Mr. Stockton has paid; and to direct staff to professionally advise Mr. Stockton with regard to what his options are on the subject property.

Districts 1, 3, 4 and 5 voted AYE.

The gavel was returned to the Chairman.

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to rezone from R-1 (Single Family Dwelling) to C-2 (Retail Commercial) for property located on the west side of Aloma (SR 426), 900' south of Mikler Road, Charles & Malcolm Clayton, received and filed.

Senior Planner, Gary Schindler, addressed the Board to present the request, advising the property has an Industrial land use designation. He said the crux of the matter is dependent upon policy decisions of the BCC as to whether or not the Board feels that the use of the property is better as industrial or as commercial. He pointed out the specific uses that can be under Industrial land use. He further advised that staff feels a PCD zoning would be more appropriate for the property.

Mr. Schindler stated that knowing the size of the property and the fact SR 426 is going to be widened with FDOT probably taking some of the property for right-of-way, he cannot say what kind of use may or may not be appropriate for the property. He said this is a difficult piece of property to develop.

Commissioner Morris entered the meeting at this time.

Glen Semanisin, representing the property owners, addressed the Board to advise the property in question is a one-acre site with constraints because of the railroad on one side and SR 426 on the other. He stated the property is 400 feet long and only 150 feet in depth. Because of the size, they do not have the ability to have a manufacturing operation or large warehouse; but, he said they could do "soft" commercial. He said there will be restrictions on access and you wouldn't want heavy industrial uses across the street from residential. At the same time, there is a FDOT maintenance yard in the area and directly to the south there is a FDOT stockpile.

Upon inquiry by Chairman Henley, Mr. Semanisin advised they did not request PCD because the C-2 zoning would give more flexibility and freedom for a potential buyer. PCD is zoned to a detailed site plan and because they do not know who is going to purchase the property and what plans they may have for the property, they do not want to be locked into a specific site plan.

Upon inquiry by Commissioner McLain, Mr. Semanisin advised they do not have a buyer at this time.

No one else spoke in support or in opposition.

District Commissioner Maloy stated that the P&Z recommended approval of the C-2. He added that he does not have a problem with the requested C-2 zoning.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #99-52, as shown on page ________, approving rezone from R-1 (Single Family Dwelling) to C-2 (Retail Commercial) for property located on the west side of Aloma (SR 426), 900' south of Mikler Road, as described in the proof of publication, Charles & Malcolm Clayton.

Districts 1, 2, 3, 4 and 5 voted AYE.

Commissioner Van Der Weide left the meeting at this time.

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to give a status report on the Natural Lands Program. She reminded the Board that the referendum passed in 1990 authorized 20 million dollars to be expended toward the purchase and preservation of significant environmental lands. She said the program has been very successful and one that the County can be proud of, as it is being used as a model throughout the State. She highlighted the successes of the program as follows: 3,344 acres preserved through either County purchase or joint purchases with the St. Johns River Water Management District or the State of Florida; over $6 million in grant funds leveraged to complete joint purchases; 70 acres donated; 19,964 total acres or 10.4% of Seminole County under public ownership for preservation and public passive recreation; establishment of the Natural Lands Endowment Fund which has accumulated greater than $780,000 toward long-term property management; 2,500 individuals have been involved with environmental education activities; and over 1,500 hours logged in corporate or group volunteer projects.

Commissioner Van Der Weide re-entered the meeting at this time.

Ms. Rotella advised there is $5.2 million remaining in the acquisition fund. She advised that staff recently closed on the Hutchison property. She reviewed the remaining properties and the acquisition status of each, advising the negotiations for the Dexter sites along the Wekiva River have reached an impasse. The Lansing property along the St. Johns River is on hold pending a probate settlement and negotiations for same will resume in the spring.

Discussion ensued between the Board and Ms. Rotella with regard to the Dexter property.

Upon inquiry by Commissioner Morris, Ms. Rotella advised her recommendation would be to concentrate on the Greenways/Trailheads acquisition since the Dexter property negotiations are at an impasse.

Upon inquiry by Commissioner McLain, Ms. Rotella advised Katie's Landing property was highly ranked. Whereupon, Commissioner McLain suggested the Board may want to revisit consideration of that property for acquisition.

Ms. Rotella continued her presentation and advised her other recommendation would be to keep some seed money as it would be very instrumental in obtaining grants. She further advised that negotiations are underway for acquisition of the Tilden Groves property (Lake Jesup/Econ River connector). Also pending are a couple of infill parcels which are Trail links to the existing wilderness areas. She said that discussions continue with multiple property owners for Clifton Springs. Other projects are site improvements for Hiley's Fish Camp and the Hutchison property.

Commissioner Morris stated Mr. Dean of the St. Johns River Water Management District has indicated strong support for the acquisition of Clifton Springs, and, therefore, he believes there will be funds available from them for a joint purchase.

Commissioner Maloy left the meeting at this time.

Commissioner Morris suggested setting a deadline for negotiations on the Dexter property and if the price cannot be agreed to, then the County needs to go to the next priority.

Commissioner Maloy re-entered the meeting at this time.

Chairman Henley stated he would like to see the County move on those properties that they can partner on - he does not have a preference, but whichever ones the County closes on first. Whereupon, Commissioner Van Der Weide agreed.

Commissioner Morris stated he agrees with the Chairman that if the County has a partner situation, they should be looked at first. He said he would like to see this in matrix form.

Commissioner McLain stated he agrees with a "drop dead" date for negotiations and then moving on to the next priority.

Ms. Rotella advised she will request the St. Johns River Water Management District to set a specific amount of dollars toward the acquisition of Clifton Springs.

Mr. Grace clarified that staff will proceed with the idea of establishing a deadline for negotiations; will come back to the Board with specific recommendations on how staff believes the remaining $5.2 million should be spent; and will pursue a financial commitment from St. Johns for the Clifton property. The Board voiced no objections to Mr. Grace's clarification.

Chairman Henley advised of an appointment the Board needs to make to the Fred R. Wilson Law Library and suggested they come back with a recommendation at the next BCC meeting. Letter regarding same was received and filed

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The Chairman advised of a phone call he received from the County's Lobbyist advising him that Orange County Chairman Mel Martinez is promoting legislation that would change the appointments of the Lynx Board. The proposal is to allow the Governor and Orange County to make all appointments.

Commissioner McLain stated he believes the Board should oppose this legislation.

Commissioner Morris suggested the Chairman send a letter, on behalf of the Board, to Chairman Martinez asking what is being proposed in Tallahassee and that they report back to the Lynx Board at their next meeting.

The Chairman advised the MPO was also brought up which concerns him. Discussion ensued. He said he will communicate with the County's Lobbyist that the Board has great concern over these issues and will also send a letter to Chairman Martinez regarding same.

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The Chairman distributed information from MetroPlan (received & filed) concerning a proposal from Wayne Rich proposing a regional transportation authority, which would have extensive powers. He said this authority would be an implementation agency. He suggested Commissioners provide their input to the County Manager on this issue.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint Tyrus Sheehan to the Code Enforcement Board to fill an unexpired term ending January 1, 2002; and to adopt appropriate Resolution #99-R-149, as shown on page _______, commending Glenn Austin for his service on the Board.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner Morris briefly discussed the emergency "no wake" zone the Board approved recently.

Commissioner McLain stated he believes the Sheriff's Office was very responsible the last time the County had this emergency.

Mr. McMillan commented that this is the exact same area as last time and the ordinance is exactly the same.

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Commissioner Morris briefly discussed Mr. Bufkin's letter concerning the School Board and surplus computers.

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Commissioner Morris advised his office has been putting out a packet of information on requests for mosquito control. He suggested this information be reaffirmed. Whereupon, Mr. Grace stated he can put together a new information packet to be distributed by Commissioners.

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Commissioner Morris discussed cross connection withdrawal control (reuse water) which requires businesses to do retrofitting. He said he believes this issue should be brought back to the Board for reconsideration. Whereupon, Mr. Grace advised he will put some information together and bring this back as a Briefing item.

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Commissioner Morris advised of an international forum "A Day of Peace in Central Florida" scheduled for December 7, 1999 at UCF. He said this forum is to educate the community on how the world is changing and about peace and reconciliation in the world. He stated that Nobel Price winners Desmond Tutu and Oscar Arias will be speakers.

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Commissioner Morris briefly discussed a letter (received & filed) from Wendy Andary on pet overpopulation (spaying and neutering). Whereupon, Mr. Grace advised he has asked the Animal Control staff to meet with him in order to respond to this letter.

The following Communications and/or Reports were received and filed:

1. E-mail dated 11/01/99 to BCC from Bryan Roberts re: Concern over the Western Beltway alignment. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
2. Copy of letter dated 10/28/99 to Commissioner McLain from Harold Callahan re: Use of SR 46 as part of the Western Beltway. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works [for response])
3. Letter dated 10/28/99 to Chairman from Omar Cortes re: Wekiva River Protection Act. (cc: BCC, Comprehensive Planning, Current Planning)
4. Letter to Chairman from Walter Szewczuk re: Chuluota Small Area Study. (cc: BCC, Co. Manager, Deputy Co. Manager, Comprehensive Planning [for response])
5. Copy of letter to Anthony Miller, Regulatory Scientist-SJRWMD from Jennifer McMurtray, Transportation & Wildlife Ecology Coordinator-Defenders of Wildlife re: Seminole Wekiva Trail Application. (cc: BCC, Co. Manager, Deputy Co. Manager, Comprehensive Planning, Robert Dewey, Mark Neiman, Engineering)
6. Letter dated 10/28/99 to BCC (with attached letter to Governor Bush) from Congressman John Mica re: Future Bond Indebtedness. (cc: Co. Manager, Deputy Co. Manager, Engineering)
7. Letter dated 10/19/99 to BCC from Larry Furlong, Chairman-Seminole Co. School Board re: School Board Yankee Lake Property. (cc: Co. Manager, Deputy Co. Manager)
8. Letter dated 10/22/99 to BCC (with attached newspaper article) from Harry Hinden re: North Street/Raymond Avenue Traffic. (cc: Co. Manager, Deputy Co. Manager, Traffic Engineering)
9. Copy of letter dated 10/29/99 to Ron Jones, General Manager-Lynx from Linda Ley-Siemer, Special Needs Coordinator-Seminole Community College re: Lynx Service in Seminole Co. (cc: Co. Manager, Deputy Co. Manager, Transportation Planner)
10. Letter dated 10/29/99 to BCC from Bob McGuire re: Concern of Western Beltway alignment. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
11. E-mail dated 10/31/99 to BCC from Irene Chang re: Opposition to Wal-Mart rezone. (cc: Comprehensive Planning, Current Planning)
12. E-mail dated 10/31/99 to BCC from James Gilbride re: Opposition to Wal-Mart rezone. (cc: Comprehensive Planning, Current Planning)
13. E-mail dated 10/29/99 to BCC from Neil McGhee re: Concern over the Western Beltway alignment. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
14. Identical form letters to BCC re: Opposition to Wal-Mart rezone from the following: John Sylan, Georgette Ferdinandsen, Denise & William Martin, Dr. Robert & Mary Ann Bowles, Ron McWilliam. (cc: Comprehensive Planning, Current Planning)
15. Notice of public hearing of a proposed change to a previously approved DRI on 11/4/99 and 11/15/99 – City of Oviedo.
16. Letter dated 10/26/99 to BCC (with attached notice) from Janet Dougherty, City Clerk-City of Sanford re: Proof of publication for Ordinance #3517.
17. Letter dated 10/26/99 to Kevin Grace, Co. Manager (with attached Ordinance) from Janet Dougherty, City Clerk-City of Sanford re: Annexation Ordinance #3517. (cc: Current Planning, Property Appraiser)
18. Letter to BCC from Bill McDaniel re: Emergency No Wake Zone on the St. Johns River. (cc: Co. Manager, Co. Attorney, Fla. Attorney General, Governor Bush & Board of Trustees, Others [Press & State & Federal Agencies])
19. Copy of letter dated 10/26/99 to Honorable J. Preston Silvernail, Chief Judge-Eighteenth Judicial Circuit from Chairman re: Jury Courtrooms. (cc: BCC, Co. Manager, Deputy Co. Manager, Administrative Services Director)
20. Letter dated 10/20/99 to BCC (with attached activity report) from Darrell Kelley, President-Economic Development Commission re: September’s Activities.
21. E-mail dated 10/28/99 to BCC from Dan & Stacy Burfield re: Concern over Western Beltway alignment. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
22. Letter dated 10/26/99 to BCC from Marshall & Pat McRee re: Support of purchasing Winter Miles. (cc: Comprehensive Planning, Current Planning)
23. Letter dated 10/27/99 to BCC (with attachment) from Robert Reese, President-Brossier Company re: Alafaya Commons. (cc: Current Planning, Development Review)
24. Letter dated 10/26/99 to BCC from Larry Furlong, Chairman-Seminole Co. School Board re: Appreciation for prompt reimbursement. (cc: School Board Members, Superintendent)
25. E-mail dated 10/28/99 to BCC from Joseph Tenczar re: Concern over Western Beltway alignment. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
26. Minutes from the 10/18/99 Library Advisory Board meeting.
27. Notice & agenda for 11/1/99 City of Oviedo Council meeting.
28. Letter dated 10/25/99 to Chairman from Bob & Inez Parsell re: Opposition to Wal-Mart rezone. (cc: BCC, Comprehensive Planning, Current Planning)
29. E-mail dated 10/27/99 to BCC from Mike & Kathy Matty re: Concern over Western Beltway alignment. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
30. E-mail dated 10/25/99 to Chairman from Liz Guckenberger re: Wekiva Springs Road. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works, Co. Engineer)
31. E-mail dated 10/25/99 to Chairman from Dr. Dutch Guckenberger re: Wekiva Springs Road. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works, Co. Engineer)
32. E-mail dated 10/07/99 to BCC from Dr. & Mrs. Ira Schwartzberg re: Opposition to Wal-Mart rezone. (cc: Comprehensive Planning, Current Planning)
33. E-mail dated 10/25/99 to BCC from Charlie Rose re: Support of Winter Miles. (cc: Comprehensive Planning, Current Planning)
34. Memorandum dated 10/26/99 to BCC, Co. Manager, Deputy Co. Manager (with attached draft report) from Colleen Rotella, Comprehensive Planning Manager and Lonnie Groot, Deputy Co. Attorney re: Wekiva River Land Use Issues. (cc: Planning & Development Director, Co. Attorney)
35. Facsimile dated 10/26/99 to BCC from Catherine Matthews re: Opposition to student apartments. (cc: Current Planning)
36. Memorandum dated 10/26/99 to BCC, Co. Manager, Deputy Co. Manager (with attached report) from Lonnie Groot, Deputy Co. Attorney re: The Brechner Report.
37. Copy of facsimile dated 10/26/99 to Commissioner Morris from Donna Whicker re: Surplus computers. (cc: BCC, Co. Manager, Deputy Co. Manager, Purchasing)
38. Letter dated 10/25/99 to Chairman from Robert Dallari, Chairman-Oviedo City Council re: Waiver of Water & Sewer Connection Fees. (cc: BCC, Mayor & City Council, Co. Manager, City Manager)
39. Memorandum dated 10/25/99 to BCC from Mayor Larry Dale, City of Sanford re: SR 46 Overlay. (cc: Co. Manager, Deputy Co. Manager, Comprehensive Planning)
40. Letter dated 10/25/99 to BCC from Dr. & Mrs. Robert Sliwinski re: Opposition to Wal-Mart rezone. (cc: Comprehensive Planning, Current Planning)
41. Letter dated 10/22/99 to Chairman (with attachment) from Ray Valdes, Seminole Co. Tax Collector re: Refund to County. (cc: BCC, Co. Manager)
42. Copy of letters of appreciation from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Barbara Haynie, Barbara Landt.
43. Department of Public Works Capital Improvement Projects FY 99/00 report – updated 10/1/99.

1. Letter dated 11/8/99 to Commissioner Maloy from Paul Lovestrand re: Resignation from Program Review Committee. (cc: BCC, Deputy Co. Manager)
2. Memorandum dated 10/29/99 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into County Records. (cc: Co. Manager, BCC, Environmental Services Director)
3. Copy of letter dated 11/5/99 to Susan Eberle (with attached letter of 11/3/99) from Commissioner Maloy re: Response to 11/3/99 letter. (cc: BCC, Orange County BCC, Sheriff)
4. Letter dated 11/4/99 to BCC from Arete & Jeff Citrin re: Opposition to Wal-Mart rezone and support of SR 46 overlay. (cc: Comprehensive Planning, Current Planning)
5. E-mail dated 11/7/99 to BCC from Stanley & Marion Dudek re: Opposition to Wal-Mart rezoning and support of SR 46 overlay. (cc: Comprehensive Planning, Current Planning)
6. Letter dated 11/3/99 to BCC from Larry Allison re: Opposition to Wal-Mart rezoning and support of SR 46 overlay. (cc: Comprehensive Planning, Current Planning)
7. Notice and agenda for 11/10/99 Oviedo City Council Work Session.
8. Revised notice of Public Hearing 11/18/99 for Oviedo Crossing DRI – City of Oviedo.
9. Memorandum dated 11/4/99 to BCC from Jamie Croteau, Administrative Services Director re: Juvenile Justice Center Expansion. (cc: Co. Manager, Deputy Co. Manager, Fiscal Services Director, Purchasing Contract Supervisor, Clerk of Court, Sheriff’s Office, Judicial Office Manager, State Attorney’s Office)
10. Memorandum dated 11/2/99 to Members of LPA (with attached brochure) from Nancy Roberts, Senior Planner re: Chuluota Survey. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Comprehensive Planning Manager)
11. Letter dated 11/2/99 to County Finance Director (with attached report) from Nancy DePew, Executive Director-Habitat for Humanity re: Transmission of September 1999 report. (cc: Grants Coordinator, BCC)
12. Letter dated 11/3/99 to Chairman from Susan Eberle re: Opposition to PUD land use request. (cc: BCC, Co. Manager, Current Planning, Comprehensive Planning, The Orlando Sentinel, The Orlando Weekly, The Seminole Herald, The Oviedo Voice, Governor Bush)
13. Letter dated 11/1/99 to BCC from Judy Sousley re: Western Beltway. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
14. E-mail dated 11/4/99 to BCC from Ruth Zimmerman re: Opposition to Wal-Mart rezoning. (cc: Comprehensive Planning, Current Planning)
15. E-mail dated 11/4/99 to BCC (et al) from Todd Paroline re: Opposition to Wal-Mart rezoning. (cc: Comprehensive Planning, Current Planning)
16. E-mail dated 11/3/99 to Commissioner Maloy from Susan Eberle re: RiverWind Apartments. (cc: BCC, the media)
17. Letter dated 10/18/99 to Chairman from Bonnie Donihi, Ovarian Cancer Alliance of Fla. re: Thank you for support. (cc: BCC)
18. Letter dated 10/29/99 to Chairman from Elise Cornell, Helen Tucker and Art Woodruff re: Appreciation for protection of the Silver Lake neighborhood. (cc: BCC, Seminole Co. Zoning Board, Airport Authority)
19. Notice of Public Hearing 11/18/99 City of Sanford.
20. 84 identical form letters to BCC from residents in Lake Forest, Tall Trees, Lake Sylvan Estates, Barrington Club and Watchdog re: Opposition to Wal-Mart rezoning and support of SR 46 overlay. (cc: Comprehensive Planning, Current Planning)
21. Facsimile dated 11/2/99 to BCC (with attached newspaper article) from John Sykes re: Opposition to Wal-Mart. (cc: Comprehensive Planning, Current Planning)
22. Letter dated 10/26/99 to Jerry McCollum, Co. Engineer from John & Leslie Martino re: Proposed road improvements for Wekiva Springs Road. (cc: Sweetwater Oaks HOA President, Inwood Consulting Engineers, Seminole Co. School Board Facilities Planning, Sabal Point Elementary SAC, BCC)
23. Letter dated 10/30/99 to BCC from Theodore Baranowski re: Western Beltway. (cc: Co. Manager, Deputy Co. Manager, Public Works [for response])
24. Facsimile dated 11/2/99 to BCC from Sharl & Eric Norton re: Opposition to student housing and apartments near UCF. (cc: Current Planning, Comprehensive Planning)
25. E-mail dated 11/01/99 to BCC from Joyce & Dennis Swegle re: Opposition to Wal-Mart rezoning. (cc: Comprehensive Planning, Current Planning)
26. Copy of letter dated 10/28/99 to Robert & Lisa Tomberlin from Ken Roberts, Public Safety Director re: Appreciation for recent donation.
27. Contract for services, as shown on page _________, between Parks and Recreation and Angel Santiago (umpire/field supervisor softball-slow pitch) and Beau Small (slow pitch scorekeeper)

Mr. Grace advised Fiscal Services Director, Cindy Hall, will discuss the additional exemption for persons over age 65 as brought up at this morning's meeting.

Ms. Hall distributed a cost analysis (copy received & filed) for FY 99/01 through FY 04/05 and reviewed same with the Board. She also reviewed the adopted and five-year projections for FY 99/00 through FY 04/05. She stated that should the Board establish the exemption, there will be impacts on the budget.

Commissioner McLain stated he would like to move forward with a $5,000 exemption as a starting point. He said there are many senior citizens in the community that are assessed over the $25,000 exemption and their income is well under $20,000.

Motion by Commissioner McLain, seconded by Commissioner Maloy to direct staff to draft an ordinance establishing a $5,000 exemption for persons over the age of 65, which would affect the General Fund only.

Under discussion of the motion, Commissioner Morris stated the Board only had a presentation this morning and Mr. Suber has a belief that the impact is at one level, whereas, FAC says the impact is at a different level. He said he believes this needs some study and can always be submitted next year during the full budget process.

Chairman Henley stated he understands the concern, but would have to agree with Commissioner Morris. He said this is coming after the budget and it needs to be taken into consideration as a whole. He added he believes the "bugs" need to be worked out with regard to implementation. Therefore, he said he will not support the motion.

Commissioner Van Der Weide stated he certainly likes to address these things during the normal budget process. However, there was an overwhelming percentage of voters who supported this.

Districts 1, 3 and 4 voted AYE.

Commissioners Morris and Henley voted NAY.

Mr. Grace advised the Board needs to adopt the ordinance by December 1, therefore, staff will be bringing this back at the BCC meeting of November 23, 1999

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Mr. Grace advised the County offices will be closed on November 11, 1999, in observance of Veterans Day.

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Mr. Grace advised Mr. McMillan and he will be out of town November 17 through 19, 1999 attending the Florida Association of Counties meeting in Tallahassee.

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The Board, thereupon, recessed at 3:58 p.m., reconvening at 7:09 p.m., this same date with all Officials, with Commissioner Morris being absent, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development); property located on the southwest quadrant of the intersection of SR 434 (Alafaya Trail) and Econ River Place, Brossier Company, received and filed.

Chairman Henley advised at the October 26, 1999 meeting, the Board expressed their intent to not consider this matter until after the Board holds a work session in conjunction with the Seminole County Sheriff relative to public safety and land management issues pertaining to the development of apartment complexes and their proximity to residential areas.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue to November 23, 1999 at 7:00 p.m., request to Rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development); property located on the southwest quadrant of the intersection of SR 434 (Alafaya Trail) and Econ River Place, as described in the proof of publication, Brossier Company.

Susan Eberle, 652 W. Palm Valley Dr., addressed the Board to request the Board not to consider continuing this item to November 23, as she will be unable to attend at that time. She stated due to her being unable to attend on November 23, she would ask the Board to allow her to make her presentation tonight.

Chairman Henley stated it would be inappropriate to accept Ms. Eberle’s presentation tonight.

Ms. Eberle stated she has some comments relative to the River Wind Apartments as well as comments to this item. She submitted letters (received and filed) relative to the Brossier Company rezone and the River Wind Apartments.

Al Bailey, 489 Wilmington Circle, addressed the Board to state he would like this item continued to the December 14 or 15 meetings so that he can obtain proper participation from the neighbors.

Kevin Grace, County Manager, stated the reason staff recommended November 23 is because of the Comp Plan amendments being scheduled for December 14 and 15. He stated it would be difficult to add this item on top of those amendments as there is so much on the agenda. He added the other consideration was to continue this item until after the first of the year, but that placed a hardship on the applicant.

Mr. Bailey stated he would like to see it continued to January rather than December.

Stephanie Smith, Stillwater Subdivision, addressed the Board to state she would like this item postponed until December or January.

Upon inquiry by Commissioner McLain, Mr. Grace explained why this item is being continued.

Upon further inquiry by Commissioner McLain, Ms. Smith advised the week of November 23 is a holiday time, she feels the Board should give everyone a chance to attend, therefore, it should be delayed until after the holiday.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to state staff has done a small area study in the Hillview Drive area. She stated that item is also scheduled in December and it will be quite lengthy.

Attorney Dwight Saathoff, Akerman, Senterfitt, Eidson, addressed the Board to state he would certainly want a hearing where all the residents had an ample opportunity to be heard. He stated to continue this item to January would be very severe for his clients.

Upon inquiry by Chairman Henley, Mr. Saathoff advised he sent all of the homeowners associations a detailed packet of information regarding this matter.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Maloy stated since there is too much on the December agenda and it would be difficult to add this item to that agenda, he feels it would be logical to continue this item to November 23.

Districts 1, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property located on the northwest quadrant of the intersection of SR 46 and relocated Oregon Avenue, Ken Wright, received and filed.

Chairman Henley stated staff has received a letter from the applicant requesting that this item be continued to January 2000. He stated there was something wrong with the advertising and prevents the Board hearing this item tonight.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue to January 11, 2000 at 7:00 p.m., or as soon thereafter as possible, request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property located on the northwest quadrant of the intersection of SR 46 and relocated Oregon Avenue, as described in the proof of publication, Ken Wright.

Districts 1, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider SR 46 Gateway Corridor Overlay Standards – Zoning Classification Ordinance, received and filed.

Tony Matthews, Principal Planner, addressed the Board to review the background of the SR 46 Gateway Corridor Overlay as outlined in the agenda memorandum. A copy of the public input received by staff was received and filed. He stated staff has put together a list (received and filed) of the proposed changes that were suggested by the Development Advisory Board, Planning & Zoning and the public. He said Commissioner Morris requested that staff revise the Comparison Table to include the City of Lake Mary’s standards for the Lake Mary Blvd. overlay.

Gene McKay, Lake Forest resident, addressed the Board to speak in support of the ordinance. He stated he would like the Board to consider making the ordinance stronger by prohibiting signs and billboards and larger setbacks.

Upon inquiry by Commissioner McLain, John Dwyer, Current Planning Manager, advised the Board can eliminate billboards on the overlay. He stated the City of Sanford has already eliminated them. He added billboards are not allowed on Lake Mary Blvd.

Robert McMillan, County Attorney, stated he believes that elimination of billboards is already in the ordinance.

Upon inquiry by Commissioner McLain, Mr. Matthews advised the Board, as part of the motion, could eliminate Amendment #8.

Bob Manuel, 5336 Fawn Woods Ct., addressed the Board to review the nine objectives that staff is recommending for the overlay. He stated he hopes the Board will stick with staff’s original recommendations of no new billboards in this corridor.

Keith Schue, representing the Central Florida Sierra Club, addressed the Board to speak in support of the Gateway Zoning Corridor. He stated having a corridor like this one would encourage people to live in developed areas and that helps to deter urban sprawl. It makes sense to try to keep the local area as attractive as possible. He said Frances Chandler, Planning & Development Director, indicated that a study will be conducted for SR 46 west of Orange Blvd. in the Wekiva Protection Area and he would like the County to pursue that study. He also urged the County to work with the environmental groups in preserving the rural character of that area.

Commissioner McLain recommended placing the overlay at the interchange of Orange Blvd. and SR 46 since there is commercial on both sides of the road rather than starting across Orange Blvd.

Mr. Schue stated his concern is that the Sierra Club does not want to set a precedent for what is acceptable for the rest of the protection area. The whole SR 46 corridor would need to be looked at to determine whether or not if they can adhere to the purpose of the Wekiva River Protection Act is keeping it looking rural. He submitted some proposed language (not received and filed). He stated he is in support of adding text explaining the purpose of the study that will be conducted. In order to make sure that the Wekiva River Protection Area of SR 46 maintains its rural character, he is recommending replacing the following text in the third "Whereas" clause: "The Board of County Commissioners has evaluated the fact that a portion of the lands which are subject to this Ordinance are located within the Wekiva River Protection Area and the Board acknowledges that additional zoning standards may be acquired to adequately protect the rural character of the SR 46 corridor within the Wekiva River Protection Area and to show consistency with the Wekiva River Protection Act".

Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised the "Whereas" clause does not add any substance to what the Board will be adopting tonight.

Peggy Templeton, representing NTS Development Company/Lake Forest, addressed the Board to state she opposes billboard signs anywhere on the corridor except for those that are already existing. She stated she would like to see the caliber of the trees for 25% also be included in the planting. She added she would like to see all the trees have a minimum caliber so that when they are planted they are of significance. She said she would also like to set a criteria that the shrubs should be 36" in height at the time they are planted.

Monte Shoemaker, 5376 E. Ohio Ave., addressed the Board to encourage them to include the 800 ft. in the language. He stated he doesn’t think that this is something that should be changed. If the Board feels a structure standard should be placed on that, then they should do that.

Fred Tepper, 4985 Fawn Ridge Place, addressed the Board to state he supports the amendment as it is the right thing to do in maintaining the high standards of the community.

Mayor Larry Dale, City of Sanford, addressed the Board to speak in support of the overlay. He stated the City and County staff have worked hard in accomplishing this. He stated what he is asking the Board to do is to pass an ordinance that is the same as the City of Sanford as there is no reason to have two separate ordinances. He said he hopes the Board will approve a 4" caliber of trees rather than a 3" caliber.

Mr. Matthews stated staff is recommending 3". Discussion ensued.

Mr. Dale stated he feels it makes sense to keep the 800 ft. in. He stated he would hope the Board will go with P&Z’s recommendation and pass the items that they discussed at the last meeting. Discussion ensued.

Parker Harrison addressed the Board to speak in support of the overlay.

Lou Musica, Eller Media Company, addressed the Board to state he supports the ordinance with the proposed changes with one small revision. He stated he feels the off-premise signs in proposed change #7 should be more strict. He said adding new signs in that area is not what he is after, but the effect on the existing wood signs that are there. He added he would love to upgrade those signs but he is not allowed to do that. Discussion ensued.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised it is staff’s intent to not prohibit the same type of aesthetic features that are allowed for walls and for signs.

Mr. Dwyer stated the period can be deleted on line 17 of page 8 and the word "or" added. The sentence would read, "The base and planter shall be constructed of brick or alternate entrance, etc." The Board agreed with this language change.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner McLain to enact the SR 46 Gateway Corridor Overlay Standards – Zoning Classification Ordinance, with amendments 1 through 6 and 9, including the language changes to page 8, line 17.

The Chairman called for a second to the motion three times without response, whereupon, the motion died for lack of a second.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #99-53, as shown on page __________, creating a SR 46 Gateway Corridor Overlay Standards – Zoning Classification, with Amendments 1 through 9 and the changes to line 17 of page 8, including Amendment #10 regarding the planters.

Under discussion, Commissioner McLain offered a friendly amendment to include the one paragraph recommended by Mr. Schue and acceptable by the County Attorney and delete Amendment 1.

Commissioners Maloy and Van Der Weide accepted Commissioner McLain’s amendment into the motion.

Motion by Commissioner McLain to amend the motion to delete proposed changes #7 and #8 from the Ordinance.

The Chairman called for a second to the motion three times without response, whereupon the motion died for lack of a second.

Commissioner McLain reiterated that the motion includes approving #2 through #9 of the proposed changes as well as changing the language on page 8 and adding Mr. Schue’s paragraph. He added that he will vote for ordinance, but object to amendments #7 and #8.

Districts 1, 3, 4 and 5 voted AYE.

Monte Shoemaker stated on August 25 he made some suggestions and proposals to the Board and he was told that staff would contact him, but no one has done that at this time. He stated he would like to know whom he needs to meet with.

Mr. Grace stated he will meet with him after the meeting.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:40 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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